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(영문) 부산지방법원 2017.11.21 2016가단42127
손해배상(자)
Text

1. The Defendant: (a) KRW 31,806,544; (b) KRW 1,200,000 to Plaintiff A; and (c) each of them, from February 7, 2014 to November 2017.

Reasons

1. Basic facts

A. On February 6, 2014, D driving a freight E vehicle (hereinafter “Defendant vehicle”) around 08:43, and making a left-hand turn from the shooting distance near the Busan Geum-gu F market to the right-hand left-hand turn, D caused an accident that shocks the Plaintiff A who was walking ahead of the said shooting distance H store (hereinafter “instant accident”).

B. In the instant accident, Plaintiff A suffered bodily injury, such as brain leftion, 4-5 pactical signboards escape certificates, and pressure pressure duplicating the tent.

C. Plaintiff B is denied by Plaintiff A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding that the accident in this case occurred due to the failure of the duty of care to prevent the accident by putting the front door and left door when the driver of the defendant vehicle - left left a private distance. Thus, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiffs for the damages caused by the accident in this case.

On the other hand, the defendant asserts that the negligence of the plaintiff A should be taken into account since the plaintiff A was faced with an accident that is prone to the scene of the accident, but the road where the accident of this case occurred is located is narrow, the width of the road is set up on the right and right side of the road, and there is no specific evidence to acknowledge that the plaintiff A, who walking along the road, was negligent in relation to the occurrence of the accident of this case due to a large passage of pedestrians, due to the fact that the road of this case is located near the F market without distinction between delivery and vehicular road.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, but the last month.

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